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HomeMy WebLinkAbout01716 ORD - 06/16/1944MUNICIPAL Mh]IPENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF THE PORTION OF U-L- w 6T� IGHWAYaNO-_U5 77. THE CITY OF COUNTY OF lvUCS TEXAS, BEREBY,RU=D TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY, OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME, A CERTAIN AGREEMENT BETWEEN THE CITY AND TEE STATE OF TEXAS) PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE- CLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety and necessity of the City, and the people of the City require that the portion of.- 77 ­d 296.,.an1_,i within tha". tacarparata .. city limits.. ........ . .... ............... . . ......... be adequately maintained; and WHEREAS, the City has requested that the State of Texas, enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State of Texas has made it known to the City that it will, with its own forces and equipment and at its sole Bost and expense, enter upon and maintain said project. NOW, THEREFORE, BE IT ORDAINED by the Q#J 09.91144 , "Ok. - .. .... . ... ... ..... ....... . ......... ........... .. .. .. .. ... .. ..... .......... . .. ..... .. .......... SECTION 1. That since the public convenience, safety and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and is hereby authorized to enter upon and maintain said maintenance project. SECTION 3. That the Mayor, or proper City official, of the City, be and is hereby authorized to execute for and on behalf of the City an agreement with the State of Texas, in accordance with and for the purpose of carrying out the terms and provisions of this order, in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is here-by directed -to attest the agreement and to affix the proper seal of the City hereto. SECTION 4. The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the agreement afore- said shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force,and effect from and after its passage. io-43-lo84 M[ N=UAL MATATEMANCE AGENT (For Maintenance Only) STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT made this. 1 4 ._ day of _......... -:::., 19.�., by and be- tween the State of Texas, hereina.fter referred to as the °'tate ", party of the first part, and the City of ONWO _ ... ..... ... ... .... .... __. f .:.... �.__ _ .............:... County, Texaej (population. _30,,= ... ..... ..........., 1940. Federal Census) acting by and.through its duly authorized officers, hereinafter ca.11ed the "City ", pasty of the second part. W I T N E S S E T H WHEREAS} the City has requested the State to assume maintenance on the route now being traversed byNtA.S. Hwy ;No. *_.._.._...... within ouch city; and ?T & M out am* A~ go • S. WHEREAS, the legislature of the State of Texas did enact Senate Bill No. 415, effective May 15, 1939, authorizing and empowering the State Highway Commission in its discretion to enter into contracts or agreements with the governing bodies of incorporated.cities, towns, and.villages relative to the location, relocation, construction, reconstruction, and maintenance, control, Supervision, and regulation of designated State Highways within or through the corporate limits of such municipalities; and WHEREAS, it is the general policy of the Department'to confine its assistance to the travelea. surface of the streets and those things beneath such traveled surface necessary for the proper support of same under the vehicular loads encountered; and WHEREAS, as a. general policy, all of those things that affect property rights, life, health, etc., of adjacent property owners and dwellers within the limits of the municipality, shall remain a function and.responsibility of the municipality itself; and WHEREAS, it is further the general policy of tho Department when so requested.by the proper governing officials of an incorporated city, town or village, and agreement provisions can be agreed upon, the State Highway De- partment will maintain the traveled.surface and its support on highway routes through municipalities with a population of 15,000 or less as reflected by the last available Federal Census; and WHEREAS, the Department's general policy provides further that State maintenance may be assumed on highway routes into those cities with a. popula- tion in excess of 15,000 as shown_ by the last available Federal Census, except in the congested or downtown sections of ouch cities; and WHET AS, all maintenance agreements made with cities, towns, and villages are for the purpose of maintenance and, shall in no way be considered to cover 10 -43 -1072 1 any y-preaeM or past obligations either real or anticipated. concerning such highway routes through =znialpalities; NOW THEREFORE IT IS AGREED that maintenance will be assumed by the State over the above highway route within said. city in strict accordance with the Highway Commission policies as stated above governing the maintenance of highways into or through municipalities. Further detailed. description of streets involved and specific responsibilities of the parties involved, are as follows: _ ....._ ..............._..+ r......%.. 1r.. 1C..�.r..�..�_:................ ........... . .... ... ..... _..._._............_.. _....... ......................... .... _.....,_._ .... _...._....... Said State assumption of maintenance to be effective the date of execution of this agreement by the highway Department. IN WITNESS WHEREOF, the pasties have bereunto.affixed.tbeir signatures, the City of ......... _�..._..._._.........___.__.._. on the ....,_( „(� day of ..`w'4' "___ and, the Highway Department on the 3/ .day of ATTEST: CITY OF. Title of Signing Official APPROVED: ME STATE OF TEXAS _... ....._....._ BY ......... ...... Chairman, State Highway Commission State Highway Engineer . ........ _. __..._._... _..._._...__ ................... APPROVAL RECOMMENDED. Member, State Highway Commission Member, State Highway.Commission District Engineer Note: This MUNICIPAL M INT'ENANCE AGREEMENT is to be executed. in tripli- cate and.each copy is to be supported. by a copy of the MUNICIPAL MAXCVfENANCE ORHINANCE (Stencil 10 -43 -1084) and by a, copy of the Certificate of City Secretary (Stencil 6 -40 -2673, Page 3). 10 -43 -1072 2 R2 (1) 'He m4bwqs itts"lvea No assorool as te11s"s $o -Witt 2WA oOtiea at XWtmr sly sWWmAW flea tlr liatosastiea Ot Hstset wet part As"" to M. la"orsorr"isa st hoOp"a altrwt a� tome st 44 aWt "hot o wtua of O.p. xwwso 1f1 MA I? tram iM llor" eitr limes Now No omomw ever ttrws Jlra. to the iatereotiea st mono"" HrmN a "Stow of &.02 ails= MA lhat $Os- tia st slats ^Oxar f r"Wa sees" wo that elf4r Usass #a as slotolly 49*00 ow wo SOW AMWA* tl pr�a# 00 � at �r � of. 1.4; "tie. (1) as Rafe Ape" to aaiatala base mr1'an woo st saes Otto" of mab- owr "Otto" rtes ra * liswt a oarb it" "Merl ons ws are in pules, a" note *Wb O" 4"Sor on as" M ptaaee. aaiataq U" will be wetwa "a the ssistU4 s"er"a mtstaw pia" the shw4dors Oas sstistlas aitslm. (3) go city owws to ssas■e &U toops Ibility twee mists omm # "fro Oi"tiy littler *UP O the iasonostlaa of lawavi eater" ant ION om tai 0 i" 10"rotwrea ate aOOM that M as"sa"y tha n- epsasibilitfsr st AMASO"aartas sa l'saelsl ass Hats hiafrOays within tM fmosoom a Bait" as ba"""sis peevM" the mate apse• to ttalsta a 1hr Uour do � to above, Alk a $00i!"isa 60"v his that *ASIAN at "M ttas of wompo as" ter moastar""r"r. to the state doe" act bwow pffisaft ow #Poo to make M"rial istgeswmts at NR: alalow faltli"al a1mg ;awrse 61 mw sotsoss"m s"ate"s moo" ss aot bsaoao assoe"w usaw _of "WOOL "& ailoMlaas or rroostrwkisa $ No state an the hialwgs ia+rolvea. (4) it is ssroot that ttro Hato sill ast M rosporstUe for SMA*eaasss or oogtrOost" of otae teat s"rrotaros *". "Waste# at swills"+ or >ta UWGO aatlWads srseooarf to p F' " lavem of !opens flea as stlests mutaea ow". {S) wo city tt "bor apoos to tomish the etsa, vu rsgmm. alt, *"- 44ow pslleO pteteotisa aka Mor assisses" to pwaraat paskia6 on . ioolow"a soottwo of ww" Isposts ter ow" periea of teas as aw U sweessa y for ppoper mosAl Saass at "nab MOSpOAsa sss"iaae. (6) !M sitr still pass "aa eato"N or aralsommoo a"000mw to vw dato Arm" on the" hlommor testes Oaoh drat a'J' tsrsaltol paw wall be per ittea withla liaito at the %"*I on %& street wl,atla "oa tummorr prss,,ltsit aU. paw is the seater of straits er doable PftrlgtM• ghost lo. i (7) The City agrees that prior to authorization of work involving dis- turbance of street subgrade or surfacing such as cutting pavement for purposes of installing, connecting, adjusting, or maintaining utility lines or for other purposes, the City will obtain concurrence of the District Office of the State Highway Department. (S) The City agrees to pay to the State promptly the cost of making repairs to the subgrade or surfacing made necessary by reason of the installation, repair, removal, or adjustment of any publicly or privately owned utilities or services which may occur during the life of this agreement. (9) The City agrees that it will refrain from passing an ordinance fix- ing a speed limit on the above mentioned streets of under thirty (30) miles per hour nor will it allow the erection of signs,, semaphores, and /or signals that will give preference to local routes which inter- sect with the said street project, nor that will slow up, hinder or delay traffic on said above mentioned streets. (10) The City will ate its -opm-. expense, maintain, all,, street sllghts, " -- traffic lights, and signal devices on said streets, and sweep, flush and otherwise keep said streets in a clean and sanitary condition. (11) The City shall either prohibit the dumping or burning of grass, weeds, brush and other refuse in the gutter or roadway ditch or be responsible for picking this trash up and disposing of same at its entire expense. (12) The City agrees to prohibit business establishments or private dwell- ings from emptying their sewage lines or from disposing of water from wash racks, laundries, etc. into gutters or roadway ditches. (13) The City hereby grants unto the State the right of erecting highway route marking and directional signs within the street right -of -way. The maintenance of said signs will be the entire obligation of the State. (14) It is agreed that the City will not permit vehicles to be serviced within normal curb width of the street, nor curbs to extend beyond the curb lines. (15) It is agreed that the City will not permit the erection of any adver- tising signs of any nature between existing curb lines or within the designated curb lines or extending beyond the curb lines of the City street or regular highway width on the highway section. (16) It is understood and agreed by both parties hereto that State assumption of maintenance is to be effective the date of the execution of this agreement and said agreement shall terminate at such time as the present designated highway routes as hereinbefore described, shall be modified or changed, or in the event either party to this agreement should fail to properly fulfill its obligations as herein set forth. Sheet Wo. 2 A � �k a .0 O R P U S C H R/ S, r / B A v CCMYS WIMTI,TE%11! T.w f&ct 1`i-+- the pubic con znlen,i 5, z &`3t- er..i neccssicy cf the �14y and the people of the City requ °re = aid project be adequately maintained creates a public emergency, and an imperative public necessity requiring the suspension of the Charter fulc that nc Ordinance or Resolutiun shall be passed : >relly en the dote, of its introduction, and that said Ordinance or Resc?uticr, shall 10c read at t_ pee, several rwetirbs of the Cit: c i;C11, rrd the Mayor having declared that such emergency and imperative public nec- essity exist, and reque_ted that said Charter Rule be suspended and this ordinance be passed finally on the crate of its introduction, and that this ordinance- take effect and be in full force and effect from and after its razrage, IT IS SC CRDAINED. R. 2.71) and AFrR0VZD this Idday of uur_e, 1944. MAYOR, City of Corpus Christi, Texas. ;1 /B`S'TT: i i, secretary AFFRCVED AS TO IEGAL ?: Ci„y A torney eC 2y,a »—� TO THE IMNIBERS OF THE CITY COUNCIL OF ME CITY OF CORPUS CILRISTI, Corpus Ohrlcli, Texftr 'he reasons ate 6 in tha emer&-iac.Z zltiusa of the fo.viiig 01rdiz-ance, a pu1bl2 rgenay and an way puLlic. neccolty 5x, fcr the suspersic,i 2 the Aazter rule cr re�,,uirement as no Ordinance cr Resclutiori shall be pasced filially on the dat6 it and 11 ELI Is Ore., ar-cf, %, R-so%lt-' n zhall bc read \ th.-rec, of Go ;2z 1, t"Wicfre, 'hersb_ request -1,L)a Pend said Charter rule or nqulrenent and pafis fli-ally cr. the da16 i+ 'Is introduced, cr at the zm- aa meeting of the City Council. Respectfully, of 'o, l e = a s il.e Charter rzle wmq zusparduJ 1:y e,»-1w-.Lg vote. A. C. McCaugh e Ed. P. 11111i&nx .t e= w.» ffatt CAM& Th� 6n was relst, d bA vot6: . P. 'C r Ed oa-UG'ra A. s, Lli C. Jorpur D. A. Se.,rest B . Y-,217ett C7, N i �